HomeMy WebLinkAbout20001798.tiff CORRECTED
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2000, WELD COUNTY, COLORADO - ADJUST
VALUE IN PART
PETITION OF: KAMMERZELL JACOB TRUST & JACOB JR
25090 WELD CO RD 15
JOHNSTOWN, CO 80534
DESCRIPTION OF PROPERTY: ACCOUNT#: R1634186 PARCEL#: 095730000009 -22647
S2SE4 30 5 67(5R)%6560 WCR 521/4% SITUS: 6560 521/4 CR 002 WELD 00000 SITLIS: 6560
52 1/4 CR 003 WELD 00000 SITUS: 6560 52 1/4 CR 004 WELD 00000 SITUS: 6560 52 1/4 CR
005 WELD 00000 SITUS: 6560 52 1/4 CR 006 WELD 00000 SITUS: 6560 52 1/4 CR 007 WELD
00000 SITUS: 6560 52.25 CR 001 WELD 00000
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as
the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the
assessment and valuation of real and personal property within Weld County, fixed and made by
the County Assessor for the year 2000, and
WHEREAS, said petition has been heard before the County Assessor and due Notice of
Determination thereon has been given to the taxpayer(s), and
WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's
valuation for the year 2000, claiming that the property described in such petition was assessed too
high, as more specifically stated in said petition, and
WHEREAS, said petitioner being present, and
WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances
and is now fully informed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,acting as the Board of Equalization,that the evidence presented at the hearing supported,
in part, the value placed upon the property by the petitioner. The assessment and valuation of the
Weld County Assessor shall be, and hereby is, adjusted as follows:
ACTUAL VALUE
AS DETERMINED ADJUSTED
BY ASSESSOR ACTUAL VALUE
Land $ 28,369 $ 28,369
Improvements OR
Personal Property 56,525 53,163
TOTAL ACTUAL VALUE $ 84,894 $ 81.532
2000-1798
AS0046
RE: BOE - KAMMERZELL JACOB TRUST & JACOB JR
Page 2
BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the E3oard of
Equalization may be appealed by selecting one of the following three options; however,said appeal
must be filed within thirty (30) days of this resolution:
1. Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's (CBOE's)decision to the Board of Assessment Appeals
(BAA). Such hearing is the final hearing at which testimony, exhibits, or any
other evidence may be introduced. If the decision of the BAA is further
appealed to the Court of Appeals, only the record created at the BAA hearing
shall be the basis for the Court's decision. No new evidence can be introduced
at the Court of Appeals. (Section 39-8-108(10), CRS)
Appeals to the BAA must be made on forms furnished by the BAA, and
should be mailed or delivered within thirty (30) days of denial by the
CBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 523
Denver, CO 80203
Phone: 866-5880
OR
2. District Court: You have the right to appeal the CBOE's decision to the District
Court of the county wherein your property is located. New testimony, exhibits
or any other evidence may be introduced at the District Court hearing. For filing
requirements, please contact your attorney or the Clerk of the District Court.
Further appeal of the District Court's decision is made to the Court of Appeals
for a review of the record. (Section 39-8-108(1), CRS)
OR
3. Binding Arbitration: You have the right to submit your case to arbitration. If
you choose this option the arbitrator's decision is final and your right to appeal
your current valuation ends. (Section 39-8-108.5, CRS)
Selecting the Arbitrator: In order to pursue arbitration, you must notify the
CBOE of your intent. You and the CBOE select an arbitrator from the official list
of qualified people. If you cannot agree on an arbitrator,the District Court of the
county in which the property is located will make the selection.
2000-1798
AS0046
RE: BOE - KAMMERZELL JACOB TRUST & JACOB JR
Page 3
Arbitration Hearing Procedure: Arbitration hearings are held within sixty days
from the date the arbitrator is selected. Both you and the CBOE are entitled to
participate. The hearings are informal. The arbitrator has the authority to issue
subpoenas for witnesses, books, records, documents and other evidence. He
also has the power to administer oaths, and all questions of law and fact shall
be determined by him.
The arbitration hearing may be confidential and closed to the public, upon
mutual agreement. The arbitrator's written decision must be delivered to both
parties personally or by registered mail within ten (10) days of the hearing.
Such decision is final and not subject to review.
Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the CBOE. In the case of residential real property, such fees and
expenses cannot exceed$150.00 per case. The arbitrator's fees and expenses,
not including counsel fees, are to be paid as provided in the decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
tiGr,� EXCUSED
v" ffff1111'����/��� Barbara J. rkmeyer, Chair
Clerk to the Board 2 77
J
1861 //i4
• M. J. Geile, Pro-Tem
M!ty Clerk to the Board EXCUSED
Beorge E. Baxter
APPROVED AS TO FORM: L�� •
Dale K a11-- ---
As�tant C my Attorney ��4-Citi(
Glenn Vaad
2000-1798
AS0046
NOTICE OF ADJUSTMENT OFFICE OF COUbITY ASSESSOR
1400 NORTH 17th AVE.
'it6 22647 0SIT 30 5 67 (5R) %6560 WCR 0NOREf, :t 80631
^� 52 1/4% SITUS: 6560 52 1/4 CR 002 PHONE(970)353-i Y45,CXT.3650
030 00000 0I0 S: 6560 52 1/4 CR
003 WELD 00000 SITUS: 6560 52 1/4.
mint' CR 004 WELD 00000 SITUS, 6560 52
1/4 CR 005 WELD 00000 SITUS: 6560
OWNER: KAMMERKF.LL JACOB TRUST E. JACOB JR AKA
COLORADO
OG 182
JAKME:RZEL1, JACOB TRUST i2 JACOB JR AKA PARCEL. 095730000009
JAKE ACCOUNT R1634186
25090 WELL) CO RD 15 YEAR 2000
JOHNST'OWtI, CO 80534
07/13/2000
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has deterniir ed thai
your properNtyr should be included in the following cate¢,ory(iesl:
RESIDE IAL PROPERTY IS VALUED BY CONSSIIDEEkING THE MARKET APPROACH.
If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts) hold budget
hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to aftend these budget hearings.
The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest,and has!ietetn ned to'
valuation(s)assigned to your property. The reasons for this determination of value are:
THE ACTUAL VALUATION OF YOUR PROPERTY HAS BEEN ADJUSTED BASED UPON THE ADDITIONAL,
INFORMATION YOU HAVE PROVIDED.
PETITIONER'S , ASSESSOR'S VALUATION
ESTIMATE
PROPERTY CLASSIFICATION OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AFTER REVIEW
28369 28369
IMPS 74433 56526
IMPS
I
102802 a 84534
TOTALS $
1----- 3`I-s-
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Eq ualization for further consideration,
106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.07/13/2000
_ Stanley F Sessions
WELD COUNTY ASSESSOR DATE
t5-OPT-Aft •
Form PR-?07-R7r99
ADDITIONAL, INFORMATION ON REVERSE SIDE
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
:'he County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 for real
property (land and buildings) and personal property (furnishings,machinery, and equipment) 39-8-104 and 39-8-
.07(2), C.R.S.
kPPEAL PROCEDURES:
f you choose to appeal the Assessor's decision, you must appeal to the County Board of Equalization. To preserve
-our right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 I.OR
ZEAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY.
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970)356-4000 Ext. 4225
c OTIFICA_TION OF HEARING:
{ou will be notified of the time and place set for the hearing of your appeal.
;O[.INTY*BOARD OF EQUALIZATION'S DETERMINATION:
-he County Board of Equalization must make a decision on your appeal and mail you a determination with.r. five
:usiness days of that decision. The County Board must conclude their hearings by August 5.
'AXPAYER RIGHTS FOR FURTHER APPEALS:
f you are not satisfied with the County Board of Equalization's decision you must file within thirty days of tae
:ounty Board of Equalization's written decision with ONE of the following:
Board of Assessment Appeals (BAA):
Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880.
District Court:
9th Avenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone (970) 356-4000. Ext. 4520
Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970) 356-4000, Ext. 4225
you do not receive a determination from the County Board of Equalization, you must file an appeal \'.-th me Board
t Assessment Appeals by September 10.
•
TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY
PPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF
F MAILING.
PETITION TO THE COUNTYBOARD OF EQUALIZATION
the space below, please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH 39-
106, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLI_AP
MOUNT. Attach additional documents as necessary.
I UK It. -
Jacob Kammerzell
25090 WCR 15
Johnstown, Co 80534
July 5, 2000
Weld County Board of Equalization
915 10 th Street PO Box 758
Greeley, Co 80632
Subject: Property Tax Appeal
Board Members:
I wish to appeal the excessive tax evaluation placed upon the agricultural residency $21 :4
30 5 67 (5R) or 6560 WCR 52 '/ Johnstown, Co 80534. This residency evaluation was
originally increased from a value of$17371 to a new value of$73483. An appeal was made
with the tax assessors appraisers and the value was reduced to a lower amount of$ 56525 Ths;
value is still excessive for the following reason, a four bedroom 2 bathroom, family and morniuv
room, 2014 sq/ft modular home can be purchase for a price of$59987 or $29.78 per sq/tt*
If the $29.78 per sq/ft rate is applied to the 910 sq ft 1908 farm house area, an eval uatiun
of$27104 is derived. The modular home is infinitely better value than the 1908 farm house since
the exterior walls are constructed from 2x6 studs.If the assessor uses the logic of compatible
value, the farm house 6560 WCR 52 '4 should not be valued at an amount greater than $25001
using their evaluation.
Jacob Kammerzell
* June 29,2000 Avertisement by Factory Homes Outlet Cheyenne, Wy. 1-877-766-2664
WELD COUNTY
STANLEY F. SESSIONS COUNTY ASSESSOR
CQLORADC
APPRAISAL REPORT
OF
RESIDENTIAL IMPROVED PROPERTY
FOR
County Board of Equalization
KAMMERZELL JACOB TRUST & JACOB JR AKA
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0957-30-0-00-009
Schedule Number: R1634186
Log Number: 182
Date: 8/01/2000
Time: 10:00 AM
Board: CBOE
PREPARED BY
JUDITH HOYT
}ua * 7/a�/Oc
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
ASSESSOR VALUE
$ 84,893.00
CBOC RES 010898
Page 1
GENERAL DESCRIPTION AND MARKET SUMMARY
SUBJECT SITE AND IMPROVEMENTS
This property is located at 6560 52 1/4 CR in the COUNTY of WELD.
The legal description of the property is 22647 S2SE4 30 5 67 (5R)
Utilities available to the site are typical for the area. The residence is a Frame Hardboard
house constructed in1909. It has 900 square feet of finished living area. The Assessor has
classified the structure as a Ranch 1 Story home of Low quality.
X
Z
4
� y r0' r4 ° ,a l r.,
r1. 21. 7. 2000
CBOE_RES C10898
Page 2
G
MARKET APPROACH SUMMARY
Real property for the tax year 2000 must be valued utilizing the level of value for the period of
one and one-half years immediately prior to July 1, 1998. A period of five years immediately
prior to July 1, 1998 shall be utilized to determine the level of value if adequate data is not
available from such one and one-half year period to adequately determine the level of value for
a class of property. Said level of value shall be adjusted for time to the final day of the data-
gathering period. Changes occurring between base years are not accounted for until the
following reappraisal, other than additions, change in use, detrimental acts of nature, damage
due to fire, creation of a condominium, new regulations restricting or increasing the use of the
land, or a combination thereof{39-1-10401)(b)(I), CRS}. Incorrect valuations can also be corrected
in the intervening year.
The Weld County Assessor has an established ongoing Sales Confirmation and Validation
Program for property transactions used in developing values.
The subject property has been classified as Residential for assessment purposes. Residential
property value shall be determined by appropriate consideration of the Market Approach to
Value {39-1-103(5)(a), CRS}. The Assessor has considered this approach to value for the subject
parcel.
INDICATED MARKET VALUE
$ 84,893.00
OBOE RES 010098
Page 3
Comparable Number 1
084),
•
•
` �• is y, � -
r•
16509 WCR 46, Weld County
Comparable Number 2
-
ra ,
204 N Estes, Johnstown
CBOE RES 010898
Page 4
t7
Comparable Number 3
JP-
4..
613 N 1° St., Johnstown
CBOE_RES_0I0898
Page 5
Ly
WELD COUNTY ASSESSOR
Comparables Report with Adjustment Grid
Subject Comp #1 Comp #2 Comp #3
SDate/Price $0 4/6/1998 $124,500 3/31/1998 $68,500 3/6/1998 $75,000
Parcel# 095730000009 105711000013 105905403003 105905406006
Account# R1634186 R4392386 R4513586 R4515486
Address 6560 52 1/4 CR 16509 46 LASALLE 204 N ESTES JOHNSTOWN 613 N 1 JOHNSTOWN
WELD
Nbhd 28 A 28 C $0.00 45 A $0.00 45 B $0.00
Land SF 0 0 $0.00 424O $0.00 0 $0.00
Occupancy Single Family Res. Single Family Res. $0.00 Single Family Res. $0.00 Single Family Res $0.00
Blt As Ranch 1 Story Ranch 1 Story $0.00 Ranch 1 Story $0.00 Ranch 1 Stor/ $0 00
Year Built 1909 1910 $0.00 1928 $0.00 1950 $0.00
Quality Low Fair ($9,430.00) Fair ($9,430.00) Fair ,$9,430.00)
Class S $0.00 $0.00 $0.00
Exterior Frame Hardboard Frame Siding $0.00 Frame Hardboard $0.00 Frame Siding $0.00
Bldg SF 900 960 $27.03 730 $27.03 888 $27.03
Bsmnt Unfin 0 0 $0.00 0 $0.00 0 $0.00
Bsmnt Fin 0 0 $0.00 0 $0.00 0 $0.00
Garage 0 0 $6.17 220 $6.67 220 $6.67
Rooms 4 5 $0.00 4 $0.00 $0.00
Bedrooms 1 2 $0.00 2 $0.00 $0.00
Bathrooms 1 1 $0.00 1 $0.00 1 $0.00
Time 0.00°A 1.00% 1.00%
Other $57,575.00) $10,400.00) 314,040.00)
Adjustments Location $0 $0 $0
Land Size $0 $0 $0
Occupancy $0 $0 $0
Built As $0 $0 $0
Age $0 $0 $0
Quality ($9,430) ($9,430) ($9,430)
Exterior/Class I $0 $0 $0
Building Size ($1,622) $4,595 $324
Basement $0 $0 $0
Garage $0 ($1,467) ($1,467)
Rooms $0 $0
Bedrooms $0 $0
Bathrooms $0 $0 $0
Time $0 $685 $750
Other ($57,575) ($10,400) ($14,040)
Total Adjustments ($68,626.80) ($16,017.30). I$23,863.04)
Adjusted Sales Price $55,873.20 $52,482.70 $51,136.96
Adjusted Sales$/SF $62.08 $58.31 $56.82
$/SF Market for Subject $61.75
Final Market Value $55,575
P a' e 6
KAMMERZELL
RESIDENTIAL VALUATIONS BY YEAR
1996 $37,324
1997 $17,371--Marshall & Swift cost tables didn't recognize low
quality on 1 1/2 story homes.
1998 $17,371
1999 $17,371
2000 $73,483--Before Protest
2000 $55,575--After Protest--Square footage was corrected.
1 1/2 story not liveable.
Pag 7
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This product has been developed solely for internal use only by Weld County.The GIS database and
data in the product a subject to constant change and the accuracy and completeness cannot be and a
not guaranteed. The designation of lots or parcels or and uses in the data base does not imply
Mat the lob or parcels were legally created or that the land uses comply with applicable State
or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL
DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS,ACCURACY,OR
CORRECTNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY,ARISING FROM
ANY INCORRECT,INCOMPLETE OR MISLEADING INFORMATION CONTAINED Plot Date Thu Jul 27 I I:0 S')21101 j
THERIN. No part of the product may be copied reproduced or transmitted in any form or by any
means whatsoever,including,but not horded to,electronic mechanical,photocopying,recording, Parcel Date March 28,2001)
scanning,or by any information retrieval system or any non-approved purpose without the express
written consent or Weld County Photography Date:April 111- 199:-
Iage 8
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COMPARABLE SALES MAP ,
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SUBJECT PROPER"I'Y '
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ohnstown 11 Jostl p 7 dna t ' T
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I
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1998 De Street Atlas USA_ ; = .t -- _ 1 f -`T— _. -
Pa,,t 9
• 4
t CLERK TO THE BOARD
PHONE (970) 356-4000 EXT 42
FAX: (303) 352-024242 WEBSITE: www.co.weldco.us
' 915 10TH STREET
P.O. BOX 7I)8.
C. GREELEY, COLORADO 806i2
COLORADO
June 21, 2000
Parcel No.: 095730000009 Account No.: R163418f,
KAMMERZELL JACOB TRUST & JACOB JR
25090 WELD CO RD 15
JOHNSTOWN CO 80534
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of Tuesday,August 1, 2000, at or about trio
hour of 10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held
at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Flocs
Hearing Room.
You have a right to attend this hearing and present evidence in support of your petition. The Weld
County Assessor or his designee will be present. The Board will make its decision on the basis of
the record made at the aforementioned hearing, as well as your petition, so it would be in your
interest to have a representative present. If you plan to be represented by an agent or an attorney
at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office,
an authorization for the agent or attorney to represent you. If you do not choose to attend this
hearing, a decision will still be made by the Board by the close of business on August 5, 2009, and
mailed to you on or before August 10, 2000.
Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15
minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide
evidence to support your position. This may include evidence that similar homes in your area are
valued less than yours or you are being assessed on improvements you do not have. Please note:
The fact that your valuation has increased cannot be your sole basis of appeal. Without
documented evidence as indicated above, the Board will have no choice but to deny your appeal.
At least two(2)working days prior to your hearing the Assessor will have available,at your request,
the data supporting his valuation of your property.
KAMMERZELL JACOB TRUST & JACOB JR - R1634186
Page 2
Please advise me if you decide not to keep your appointment as scheduled. If you need an/
additional information, please call me at your convenience.
Very truly yours,
BOTD OF EO ALIZ _..
Donald D. Warden,
Clerk to the Board
BY: y _ , .-
Carol A. Harding, Deputy
cc: Stanley Sessions, Assessor
Jacob Kammerzell
25090 WCR 15 8-1-2000
Johnstown, Co 80534
Re: Tax Assessment of 6560 W. C. R. 52 '/A, Johnstown
I am contesting the valuation of the above described farm house for the following
reasons:
Number One: In 1999 my farm house, located at 6560 Weld County Rd. 52
'/A. Johnstown, Colorado, was appraised by the County Assessor for $17,371. One
year later, the same appraiser, Mr. Sampson, appraised the house for $56,525. Mi.
Sampson's appraisal increases the appraised value of the house by 325% in one
year. I do not believe it is possible for the value of the house to increase by this
much in just one year.
I have not made any improvements to the house during the last year that
would justify any increase in value. In fact, during the last year the only repairs to
this house have been minor plumbing repairs.
Number two: The house is in need of significant improvements. A few
include:
1. Roof it has been at least 20 years since the current roof was installed. It is
missing shingles and needs to be upgraded.
2. Plumbing: the plumbing dates from 1960 and leaks internally and
externally. It also needs to be updated and improved.
3. Windows: Some of the windows are original and are old double hung,,
single pane windows of wooden frames which are rotted and drafty. Due to their
age, they are also poorly insulated. All the windows and frames need to be replaced.
4. Interior walls: To better use the interior space, the walls need to be
realigned with a more functional, redesigned floor plan.
EXHIBIT
A
a Io3y IS
5. Flooring: The wood floor (not hardwood) is original to 1909. It is rotted
and covered with carpeting. The entire floor needs to be replaced, resurfaced and
have carpeting or vinyl installed.
6. Exterior house footings: Some are on concrete and some are on old shale
and ledge stone. These footings are not only unstable, they are susceptible to the
elements. New concrete footings are needed all around the house.
Even if all of the above repairs were made, 1 do not believe the house would
increase in valuation by 325%.
Number four: Although, I will concede it is possible property values have
increased in the last year, it is inconceivable that they have gone up by 325% in ju≤t
12 months. If the appraised value was OK in 1999 there is no justification for an
appraisal of this magnitude.
Number five: I have documentation that shows that one can purchase a 2000
sq. ft, factory built, modular home, 3 Br, 2 Ba for approximately the same price
that the assessor evaluated my 900 square feet, 1 Br, 1 Ba, farm house. This
modular house can be purchased for $29 a sq. ft or around $58,000. If a sq. ft value
of$29 is applied to my 900 sq. ft farm house, the evaluation of the farm house
becomes $26,100. This modular house, while it is manufactured in a factory and is
assembled on site, cannot be considered a mobile home. It becomes a permanent
installation and certainly represents a far greater value than a 1909 built farm house
of 900 Sq. Ft.
In conclusion, I am asking you to set aside the appraiser's evaluation as unfair anti
unrealistic and instead order that this farm house should not be evaluated for tax
purposes at an amount in excess of$25,000.
Hello